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Merchant Membership Agreement

Please read the following.

Purchaser Terms of Service

Terms for Developer Portal
Terms for Free Trial Services
Shopper Ratings and ResellerRatings Terms of Use for Non-Purchasers (Reviewers, Readers)
Webcollage Terms
of Use for Non-Purchasers (Shoppers)


(Last updated: August 4, 2014)

These Terms of Service (the “Terms”) state the terms and conditions under which Answers Corporation, a Delaware corporation with offices at 6665 Delmar Blvd., Ste. 3000, Saint Louis, MO, 63130 together with its Answers Affiliated Companies (collectively, “Answers”) provides services. Unless you have an express written agreement that takes precedence over these standard Terms of Service, by ordering, accessing or otherwise using Answers Services, you agree to follow and be bound by these Terms as the “Client” party.

SECTION 1. SERVICES OFFERED BY ANSWERS

    • General Service Terms. Answers shall provide the Answers Cloud Services described in one or more Work Order in accordance with these Terms.
    • ForeSee® brand customer experience analytics. The ForeSee® application deploys proprietary technology to collect actionable insights about the customer experience. Online surveys are deployed to measure the customer experience at various touch points, including web, mobile, store locations, and contact/call centers.
    • Webcollage® brand product merchandizing technology. The Webcollage Content Publisher platform deploys proprietary technology to allow Client to submit, update, assemble, distribute and publish Client’s content to product detail pages on Webcollage retailer websites.
    • ResellerRatings.com® customer review management. The ResellerRatings platform deploys proprietary technology to facilitate customer reviews of Client’s products and/or brand.
    • Answers Brand Page. The Answers Brand Page platform deploys proprietary technology to monitor brand sentiment, better target loyal supporters of Client’s products and/or services and tap into the Answers.com Q&A engine that powers questions and answers surrounding Client-related topics.
    • Answers Engagement Tools and Applications. Answers offers a range of supplemental tools, features and applications all centered around better consumer engagement with brands, products and services, including, among others, Shopper Answers, Shopper Ratings, Consumer Insights and Shopper Videos.

 

SECTION 2. OWNERSHIP AND LICENSES

2.1 Ownership of Answers Cloud Services. Except as expressly licensed below, all aspects of intellectual property rights of every sort in or in connection with the Answers Cloud Services are owned solely by Answers, including methods, trade dress, program code, including source code, FLA files, object code and microcode, formulae, techniques, processes, improvements, designs, software designs, computer programs, and strategies. Other than as expressly permitted under these Terms, Client may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any material that is subject to Answers’ proprietary rights, including computer code, graphic design, layout, user interfaces, and reports, in any way or by any means, including, but not limited to by electronic, mechanical or optical means. Client shall not use any of the computer code, graphic design, layout and user interfaces (collectively, “Features”) of the Service, or the results obtained from the Features (including, but not limited to, visual designs, Content files and templates, HTML code, JavaScript files), outside of the Answers Cloud Services. Answers retains all trademark or service mark rights in the Answers Cloud Services, and all applicable marks and logos, whether registered or not. Client may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of these marks and logos. Client may not dilute or tarnish the goodwill of Answers or its marks and logos.
2.2 Software Application Licenses. To enable Client to receive the Answers Cloud Service(s) described in any authorized Work Order, Answers grants Client, and Client accepts, a non-exclusive, non-transferable, license to install, store, operate and/or use the Client-side portion of the Answers Cloud Service(s) described in an applicable Work Order, including: (a) any program routines or programming code that may be distributed as part of the Answers Cloud Service, including but not limited to the Content Publisher Platform, MYO Platform, ResellerRatings.com Platform, graphic design, layout and user interfaces, survey trigger code, mobile software development kit and cxReplay code (the “Service Software”); (b) any URL that may be distributed or otherwise hosted as part of the Answers Cloud Service (the “Service URL”); and (c) any data access portal, including the tools and reporting provided therein (the “Online Portal”). Client agrees to use the Service Software, Service URL, and/or the Online Portal, as applicable, for no purpose other than as part of the Answers Cloud Service(s), as described in the applicable Work Order. Service Software may be installed, stored, and operated only as provided in the applicable Work Order. Client shall not challenge the validity of, or attempt to create any derivative works from any Answers Cloud Services. Client acknowledges that it has no proprietary rights in any Answers brand names, trade names, trade dress or any trademarks, or any copyrighted content, or any other intellectual property belonging to or licensed by Answers in the course of providing the Answers Cloud Services (collectively, “Answers IP”), and Client shall not challenge Answers’ proprietary rights in or to any of the Answers IP. Client acknowledges that except as expressly provided in these Terms, all uses of Answers Cloud Services, and all goodwill associated therewith, shall inure solely to the benefit of Answers. The license granted herein shall be revoked upon termination of the Services.
2.3 Data Ownership and Licenses. The Answers Cloud Services collect data from a variety of sources, for different purposes, depending on the particular application. In some cases the data is owned by Client and licensed to Answers for a specific purpose related to the Service; in other cases, the data is owned by Answers and licensed to Client for a purpose related to the Service. Unless otherwise expressly agreed in an applicable Work Order, the Answers Cloud Services require the following data ownership and licensing:

Webcollage® Services: The Client is the Data Source; Data is owned by the Client. Data to License Answers: All Creative Materials provided by Client for use in connection with a Webcollage application shall remain Client’s exclusive property; provided that such Creative Materials are licensed to Answers for presentation to shoppers, in reports, website listings of customers, press releases and marketing materials. Such license is a perpetual, non-exclusive, royalty free, fully paid-up, worldwide, and sub-licensable license to use, copy, display, distribute, modify, adapt, publish, make derivative works of, publicly perform and publicly display Client’s Creative Materials (in whole or in part) and to incorporate the content into other works in any format or medium now or later known, on affiliate websites, and on Answers' computer servers, retaining backup, cached and archived copies of the content and using the content in any other reasonable manner in connection with providing the service.

ForeSee® Services: Answers is the Data Source; Data is owned by the Client. Data License to Answers: Answers is licensed to use Client data gathered by Answers for the purposes of performing the Services and to compile proprietary Aggregated Indices. Such license is perpetual, non-exclusive, royalty free, fully paid-up, worldwide, and sub-licensable.

ResellerRatings.com® Services: Answers is the Data Source; Data is owned by a third-party (the person submitting a review). Data License to Client: Answers obtains for Client a license to use demographic, survey, and reviews data for the limited purposes of commercial research and review. Such license is revocable, non-exclusive, non-transferable, royalty free, and worldwide.

Answers Brand Page™: Answers and Client are both Data Sources; Data is owned by the sourcing entity. Data License to Client: Any content generated on an Answers web property shall be owned and controlled by Answers, and any content generated on a Client web property shall be owned and controlled by Client (“Client ABP Content”), provided, however, that Client hereby grants Answers a perpetual, non-exclusive, royalty free, fully paid-up, worldwide, and sub-licensable license to Client ABP Content generated as a direct result of the use of any Service. Client ABP Content may be displayed by Answers on its web properties and/or applications, in perpetuity. As between Client and Answers, Answers will own all information and data relating to end-users accessing or interacting with the Answers Brand Page Service.

Answers Engagement Tools and Applications: Data comes from various data sources; Data is owned by the sourcing entity. License to Answers: All data originating with Client shall remain Client’s exclusive property; provided that such data is licensed to Answers for presentation to shoppers, in reports, website listings of customers, press releases and marketing materials. Such license is a perpetual, non-exclusive, royalty free, fully paid-up, worldwide, and sub-licensable license to use, copy, display, distribute, modify, adapt, publish, make derivative works of, publicly perform and publicly display Client’s data (in whole or in part) and to incorporate the content into other works in any format or medium now or later known, on affiliate websites, and on Answers' computer servers, retaining backup, cached and archived copies of the content and using the content in any other reasonable manner in connection with providing the service. License to Client: Answers obtains for Client a license to use data originating with Answers for demographic, survey, and reviews data for the limited purposes of commercial research and review. Such license is revocable, non-exclusive, non-transferable, royalty free, and worldwide.

The data ownership and licensing described above is expressly agreed by Client and Answers.
The term “Creative Materials” means any Client-provided content that may be incorporated into an Answers Service, including without limitation name, logo, trademarks, text, images, videos, audio and multimedia files, JPG images, Flash objects, and other assets and information regarding Client and Client customers.

SECTION 3. RESPONSIBILITIES OF CLIENT

3.1 Client's Responsibilities. Client shall be responsible for the installation and maintenance of any Service Software pursuant to the instructions provided to Client by Answers, and for Client’s equipment necessary to access or implement the Answers Cloud Service, including all computer equipment, software, telecommunications, and high-speed connections to the internet, to the extent they are needed to operate and/or access the Answers Cloud Service from Client’s site of business. Client is also responsible for ensuring that all Creative Materials that may be used by Client as part of the Answers Cloud Service will not (i) violate any law, regulation, or third-party intellectual property right through such use, (ii) contain programming routines intentionally designed to disrupt or destroy the Services or host extranet or (ii) contain any obscene, illegal, harassing or racially offensive material. If Client purchases the ForeSee® cxReplay product, Client shall be responsible for identifying web pages that collect and/or display potentially secure information, such as names and account information (“Personal Data”), as described in the applicable Work Order.

SECTION 4. CONFIDENTIALITY

4.1 Mutual Confidentiality Agreement. Client and Answers mutually agree that all software, documentation, technical information, computer code, graphic design, layout, user experience provided by Answers (or its agents) or otherwise included in the Service shall be deemed Confidential Information belonging to Answers. All information and data belonging to Client shall be deemed Client’s Confidential Information. Except as expressly authorized herein, each party will hold in confidence and not use or disclose any Confidential Information belonging to the other party. This nondisclosure obligation shall not apply to information which the disclosing party can document: (a) was rightfully in its possession or known prior to receipt of the Confidential Information; (b) is or has become public knowledge through no fault of the disclosing party; (c) was rightfully obtained from a third party without breach of any confidentiality obligation; (d) was independently developed, without access to the Confidential Information; or (e) is required to be disclosed pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the owner of such Confidential Information). The parties acknowledge that unauthorized disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon such unauthorized disclosure or reasonable anticipation thereof, the party owning the subject Confidential Information shall be entitled to appropriate equitable relief in addition to whatever other remedies it might have at law.

SECTION 5. PRICE AND PAYMENT TERMS

5.1 Subscription Fees; Setup Fees. Client shall pay the fees identified in any Work Order executed by the parties.
5.2 Payment. Unless otherwise agreed to in a Work Order, Answers shall invoice Client for services upon execution of the Work Order. Payment from Client shall be due within thirty (30) days of Client’s receipt of the invoice. Adjustment for any billing errors or Client credits shall be made monthly. Answers may apply a monthly delinquency charge on amounts not paid within thirty (30) days of the date of Client's receipt of the invoice, which charge shall be equal to one and one-half percent (1.5%) of any unpaid amount. If Client requires a Purchase Order prior to accepting an invoice, Client will not be granted access to the Online Portal until a Purchase Order is issued by Client.

SECTION 6. DUTY OF CARE; INDEMNIFICATION; LIMITATION OF LIABILITY

6.1 Warranty; Limitation of Liability. Except for Services identified as AS-IS in the Additional Terms below, Answers warrants that it shall provide the services in a diligent and workmanlike manner and shall employ due care and attention in providing the services. Answers further warrants that the Service Software and the Services do not infringe the rights of any third party. Client acknowledges that the Answers Cloud Services interact with web environments outside Answers’ control, and Client agrees that ANSWERS SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES CAUSED BY ERRORS, OMISSIONS, OR DELAYS THAT WERE NOT CAUSED BY ANSWERS’ NEGLIGENT OR WILLFUL MISCONDUCT. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, UNLESS SUCH DAMAGES ARE THE RESULT OF A BREACH OF CLIENT’S DISCLOSURE OBLIGATION IN SECTION 6.3 OR THE CLIENT OBLIGATIONS IN SECTION 3. EXCEPT AS SET FORTH IN SECTION 6.2 and 6.3, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING UNDER THESE TERMS AND SERVICES PERFORMED HEREUNDER EXCEED THE TOTAL CHARGES PAID TO ANSWERS DURING THE TERM, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL CLAIM, LOSS, OR DAMAGE. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
6.2 Indemnification by Answers. If a third party claims that the Answers Cloud Services or any part thereof infringe any U.S. patent, copyright, trademark, or trade secret, Answers will defend Client against such claim at Answers’ expense and shall pay all damages that a court finally awards, provided that Client notifies Answers in writing within fifteen (15) days of service of a claim, allows Answers to control, and cooperates with Answers in, the defense or any related settlement negotiations. If such a claim is made or appears possible, Answers may, at its option, secure for Client the right to continue to use the Answers Cloud Services, or modify or replace the same so it is non-infringing, or terminate the Services by paying Client a credit equal to the portion of previously paid fees allocable to the unused remainder of the Term.
6.3 Representation and Covenant; Indemnification by Client.
(a) Client Content Hosted by Answers Cloud Services. Client represents, warrants and covenants that: (1) Client is the owner of all rights in and title to any content Client includes in or otherwise offers through an Answers Cloud Service (including but not limited to Creative Materials), or that Client is legally authorized or licensed by the owner of such content to use the content under these Terms; (2) Client is entitled to grant Answers a license to use all content within the Answers Cloud Service, including (but not limited to) for presentation to third parties, for use in reports, website listings of customers, press releases and marketing materials; (3) Client’s content will not breach any duty toward or infringe any rights of any person or entity including, without limitation, intellectual property rights, the right of publicity, the right to privacy, or rights or duties under consumer protection, product liability, tort, or contract theories, or constitute libel, slander or defamation, or include material which is obscene, pornographic, or adult-oriented; and (4) Client is solely and exclusively responsible for content Client uses in an Answers Cloud Service, and must make all reasonable efforts to verify that such content is accurate, up-to-date and lawful. Client further represents, warrants and covenants that any links to a remote server have a guaranteed uptime of 99.99%. In the event any third-party brings a complaint, claim, or demand, arising from, or in connection with any of the foregoing, Client shall indemnify, defend and hold harmless Answers from all such claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including attorneys’ fees), provided that Answers promptly notifies Client in writing of the claim, allows Client to control, and cooperates with Client in, the defense or any related settlement negotiations.
(b) Client Use of the Answers Cloud Services. Client shall not: (1) interfere with, circumvent, manipulate or disrupt the operation or the functionality of an Answers Cloud Service; (2) use robots, crawlers and similar applications to collect and compile content of any kind from the Answers Cloud Service; (3) link to elements or components of the Answers Cloud Service, independently from the web pages on which they originally appear, or display the Answers Cloud Service or any part thereof in an exposed or concealed frame, without Answers’ prior explicit and written consent; (4) impersonate any person or entity, or make any false statement with respect to Client’s identity, employment, agency or affiliation with any person or entity. Client shall be responsible for all direct damages to Answers caused by any of the foregoing, without limitation, and, in the event any third-party brings a complaint, claim, or demand, arising from, or in connection with any of the foregoing, Client shall indemnify, defend and hold harmless Answers from all such claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including attorneys’ fees), provided that Answers promptly notifies Client in writing of the claim, allows Client to control, and cooperates with Client in, the defense or any related settlement negotiations.
(c) cxReplaySM. In the event that Client purchases the ForeSee® cxReplaySM application, Client is solely responsible for identifying data collection fields that Client wishes to include in the cxReplay data capture and for ensuring that sensitive data is blocked. Client hereby represents and covenants that it shall not identify for capture any of Client’s data collection fields that may collect Personal Data. For any authenticated site operating cxReplay, Client must identify all in-line displays of Personal Data so that the data can be blocked from the cxReplay capture. In the event any third-party claims that Answers wrongfully collected Personal Data, and if Client identified the data for capture or failed to provide sufficient information to block in-line data from capture, then Client shall indemnify, defend and hold harmless Answers from all such claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs and expenses, provided that Answers promptly notifies Client in writing of the claim, allows Client to control, and cooperates with Client in, the defense or any related settlement negotiations.

SECTION 7. TERM AND TERMINATION

7.1 Duration of the Agreement. These Terms shall be effective immediately and shall remain in full force and effect for so long as a duly authorized Work Order remains outstanding and in effect between the parties. 
7.2 Service Renewal. Services will automatically renew for successive one-year terms (each a “Renewal Term”) unless Client opts out of such auto renewal with at least ninety (90) days prior written notice. The Renewal Term will not include any special pricing or payment terms, will include a standard price increase of three percent (3%) year-over-year, and will be invoiced in full upon the commencement of the Renewal Term.
7.3 Termination. Services may be terminated by either party upon the material breach by the other party of any of such other party's obligations hereunder, which breach has not been cured within 15 days after the breaching party has received notice thereof. In the event of any such termination, the license(s) granted to Client pursuant to Section 2 shall terminate immediately. Client may terminate or disable Services at any time without cause, but, unless otherwise provide in the applicable Work Order, shall remain obligated to make the full payment for any Services so terminated or disabled, without refund or setoff against the purchase price and without extending the applicable Service Term, as such Service Term is stated in the applicable Work Order.

SECTION 8. MISCELLANEOUS

8.1 No Agency; No Assignment. Neither the Services nor the Terms thereof create in any way a partnership, joint venture, employment relationship, franchise, agency or any other similar relationship between Client and Answers, and nothing in the Terms will be interpreted or construed as creating or establishing any such relationship. Client may not transfer, assign or resell any part of the Services without the prior written consent of Answers. Any act in violation of the foregoing shall be null and void.
8.2 Taxes. Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). Client shall be responsible for and shall promptly reimburse Answers for the payment of all such Taxes (including interest and penalties, but with respect to penalties, only if such penalties are incurred as a result of actions in which Client has concurred or participated) imposed by any governmental entities based on Services rendered by Answers to Client, provided that Answers shall be liable for any income taxes on or measured by net income or gross receipts of Answers. Answers cannot offer tax advice and encourages Client to determine whether any governing entity will impose Taxes based on Client’s point of purchase.
8.3 Notices. Any notice required or permitted to be made or given by either party hereto pursuant to this Agreement shall be in writing and shall be deemed effective if sent by such party to the other party by e-mail, mail, telecopy (with operator or machine confirmation of transmission), or overnight delivery, postage or other delivery charges prepaid, to the addresses set forth above, and to the attention of the Legal Department. Either party may change its address by giving notice to the other party stating its desire to so change its address.
8.4 Compliance With Laws and Regulations. Subject to Section 8.2, each party shall, at its own expense, comply with any governmental law, statute, ordinance, administrative order, rule, or regulation relating to its duties, obligations, and performance and shall procure all governmental licenses and pay all fees and other charges required thereby. Clinet may not access, download, use or export the materials in violation of United States export laws or regulations, or in violation of any other applicable laws or regulations. Client agrees to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. Client acknowledges and agrees that materials may be subject to the United States Export Administration Laws and Regulations and agree that none of the materials or any direct product therefrom is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for any prohibited purpose.
8.5 Privacy and Data Security. Answers does not typically handle Personal Data in the course of delivering services; however, in the event Client and Answers mutually agree that Answers will have access to low-level Personal Data, such as individual contact information, Answers is acting only as the “data processor,” and Client remains exclusively the “data controller” and “data owner.” As such, it is Client’s obligation to comply with any/all applicable privacy laws and regulations. Answers shall at all times comply with its applicable Privacy Policy stated herein. Client shall ensure that no individualized data is passed by Client to Answers in violation of Client’s published privacy policy, and Client shall be solely responsible for violations of the same.
8.6 Governing Law. All Services are contracted under the laws of the State of New York, U.S.A., and shall be interpreted, construed and enforced in accordance with the law of New York, without giving effect to its choice of law principles. Client agrees to resolve any dispute or claim against Answers and to submit to personal jurisdiction in the state and federal courts in the city of New York, New York. Both parties expressly waive the right to trial by jury.
8.7 Changes to Services or to these Terms. From time to time, Answers may change the Service or the layout, design or display of the Service, as well as the scope and availability of the information accessible therein, without giving prior notice. Changes of this type by their very nature may cause inconvenience or even malfunctions, and Answers does not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom, except as expressly provided herein. Client is advised to periodically read the Terms. Answers may change the Terms with or without prior notice, in all cases by posting such amended Terms at https://cloudservices.answers.com/ratings/pages/termsofservice.html. Client agrees to be bound by any and all changes made in the Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Service indicates Client’s acceptance of the amended Terms. If Client does not accept the amended Terms, Client must cease any further use of the Service.
8.8 Severability. If any part of these Terms are held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions shall remain in full force and effect.
8.9 Survival. Sections 2, 4, 5, 6 and 8 shall survive the termination of all Services and these Terms.

Additional terms applicable to ForeSee® brand customer experience analytics
AGGREGATED INDICES. For all ForeSee® brand customer experience analytics services, Client licenses to Answers all numerical data for the purposes of performing the Services and to compile the ForeSee proprietary Aggregated Indices. The Aggregated Indices are compiled from aggregated Client data and measurements, and used in the benchmark reports delivered to ForeSee clients on a monthly basis. The Aggregated Indices and benchmark reports will contain Client’s data and measurements along with data from a minimum of four other ForeSee clients. The Aggregated Indices and benchmark reports will not contain individually identifiable data regarding Client or its customers and will not allow a user thereof to ascertain or otherwise isolate data regarding Client or its customers. Answers may identify Client by name to describe the Aggregated Indices participants in the benchmark reports that are delivered to Answers’ customers. Client’s data and measurements shall not be used in ForeSee’s publicly syndicated FXISM reports.
The ForeSee Privacy Policy is available at http://www.foresee.com/privacy-policy.shtml
Additional terms applicable to Webcollage® brand product merchandizing technology and Answers Engagement Tools and Applications
APPLICATION USE RIGHTS/RESTRICTIONS: Client may not and shall not share access to the Services, including without limitation screen shots of the Services or the functionality of the Services, with any third party. Client shall ensure that its Creative Materials do not infringe the intellectual property rights of third parties, do not contain (i) programming routines intentionally designed to disrupt or destroy the Services or host extranet or (ii) obscene, illegal, harassing or racially offensive material.
SERVICES AS-IS: THE SERVICE IS PROVIDED FOR USE WITH ALL FAULTS, “AS IS” AND “AS AVAILABLE.” ANSWERS DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
ANSWERS DOES NOT WARRANT OR GUARANTEE ANY OUTCOME FROM YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, THE IMPACT OF USING THE SERVICE ON YOUR REVENUE.
Materials Use Restrictions:
Client may not access, download, use or export the materials in violation of United States export laws or regulations, or in violation of any other applicable laws or regulations. Client agrees to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. Client acknowledges and agrees that materials are subject to the United States Export Administration Laws and Regulations and further agree that none of the materials or any direct product therefrom is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for any prohibited purpose.
Content Management:
The Service may contain links to websites and other online sources of third parties (collectively: “Third-party Services”). Answers does not operate or monitor Third-party Services, and does not represent that they are free of information incompatible with your requirements or that they do not include objectionable content. By linking to Third party Services, Answers does not endorse or sponsor their content or confirm their accuracy, credibility, authenticity, reliability, validity, integrity, or legality. Answers does not assume any responsibility or liability for the Third party Services.
Answers respects the intellectual property rights of others. Any requests to remove copyright infringing Content from the Service, or requests to repost Content which has been removed, must be made in accordance with the Copyright Policy located at https://www.webcollage.net/MainApp/privacy/copyright-policy. Client acknowledges and agrees that Answers may remove Content submitted to the Service by Client to mitigate any copyright or other infringement claims.
Data Retention:
At all times, Answers may review, retain and disclose any information and communications as may be deemed necessary to satisfy any applicable law, regulation, legal process or governmental request. However, by doing so Answers does not either expressly or implicitly endorse, affirm or in any manner assume any responsibility for such information and communications.
The Webcollage Privacy Policy (applicable to all Webcollage branded products) is available at https://www.webcollage.net/MainApp/privacy/privacy-policy
Additional terms applicable to ResellerRatings.com® customer review management and Answers Engagement Tools and Applications
Client shall not commit fraud or falsify information in any manner whatsoever in connection with the Services, including, without limitation, by (i) submitting fraudulent or inaccurate reviews of products to the website, (ii) falsely denying the existence of a valid point-of-sale or other transaction reviewed in the website, (iii) using the Services to harass or threaten reviewers, or (iv) any other non-truthful use of the Services. Client shall be liable to Answers for any and all damages that Answers suffers as a result of any such actions. Further, in connection with any such actions, Answers expressly reserves the right to pursue all causes of action in connection with such fraudulent activity to the extent permissible under applicable law.
SERVICES AS-IS: THE SERVICE IS PROVIDED FOR USE WITH ALL FAULTS, “AS IS” AND “AS AVAILABLE.” ANSWERS DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
ANSWERS DOES NOT WARRANT OR GUARANTEE ANY OUTCOME FROM YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, THE IMPACT OF USING THE SERVICE ON YOUR REVENUE.
The ResellerRatings.com Privacy Policy is available at http://www.resellerratings.com/privacy-policy

Terms for Developer Portal

For existing Answers Clients, use of the Developer Portal is subject to Client’s Service Agreement. All information provided in the Developer Portal is provided AS-IS, and is wholly owned by Answers Corporation. The information is licensed to Client for the sole purposes of facilitating Answers Services, and may not be used to create any derivative works.
Prospective clients may use the Developer Portal subject to the terms and conditions for purchasers, as set forth above. By accessing or using the website or downloading materials from the website, you agree to be legally bound by the terms and conditions set forth above without any modification. Please, review them carefully. If you do not agree to the terms, you are not permitted to use the Developer Portal.
You acknowledge and agree that Answers content is protected by the copyright laws of the United States, as well as other intellectual property laws and treaties. Answers does not transfer any title, right or interest to or in the content to you.
Unless otherwise stated in writing by Answers, you must not copy, redistribute, sell, rent, lease, convey, reconvey or sublicense any content made available in the Developer Portal. You must not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the content is wrapped or otherwise associated with, and you must not edit, modify, translate or create derivative works or adaptations of the content. You must not duplicate or otherwise reproduce (including but not limited to “burning”) the content, or any portion thereof, onto any physical medium, memory or device (other than as expressly permitted by Answers in a Client Service Agreement, Order Form, or Statement of Work), including but not limited to CDs, DVDs, computers or other hardware, or any other medium now known or hereafter devised.
Answers may amend any of these terms in its sole discretion by posting the revised terms. Your continued use of the Developer Portal after the effective date of any such amendment constitutes your agreement to be bound by such amendment.

Terms for Free Trial Services

The Free Trial Services available at this Answers website are subject to the terms and conditions for purchasers, as set forth above. By accessing or using the website or downloading materials from the website, you agree to be legally bound by the terms and conditions set forth above without any modification. Please, review them carefully. If you do not agree to the terms, you are not permitted to use the Free Trial Services.
Free Trial Services may be discontinued at any time by Answers, without prior notice and without liability. You agree that, at the end of the Free Trial Services, an Answers representative may contact you (by telephone and/or by email) to discuss continuing the Services under a subscription agreement.
Answers may amend any of these terms in its sole discretion by posting the revised terms. Your continued use of the Free Trial Services after the effective date of any such amendment constitutes your agreement to be bound by such amendment.

ResellerRatings and Shopper Ratings Terms of Use for Non-Purchasers (Reviewers, Readers)

PLEASE NOTE: If you are not a subscribing merchant, you may not solicit ResellerRatings reviews.
The services available at this Answers website are subject to the following terms and conditions as set forth in this notice. By accessing or using the website or downloading materials from the website, you agree to be legally bound by the terms and conditions set forth below without any modification. Please, review them carefully. If you do not agree to the terms, you are not permitted to use this website.
Answers may amend any of these terms in its sole discretion by posting the revised terms. Your continued use of the Shopper Ratings and/or ResellerRatings website(s) or materials after the effective date of any such amendment constitutes your agreement to be bound by such amendment.
Best Viewing Practices
This site makes use of dynamic HTML and is designed to display properly in the most recent versions of Explorer, Firefox, Chrome and Safari. We recommend upgrading to the most recent browser for optimal site viewing and performance.
Intellectual Property
The copyright in this entire website is held by Answers. All material provided on this website is protected under United States copyright laws and international copyright laws and treaty provisions. Except as expressly provided herein, none of the material provided on this website may be copied, distributed, republished, reproduced, downloaded, displayed or transmitted in any form for commercial use without the prior written permission of Answers. Visitors are permitted to download or print one copy of material published on this website solely for their personal, non- commercial use, provided that they do not modify the materials and that they retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of the terms and conditions contained herein. Answers does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret laws.
The trademarks, logos and service marks (collectively referred to as "Trademarks") displayed on this website are claimed by Answers and no trademark license, either express or implied, is granted by Answers. You do not have any right to use any Trademarks displayed on this website except as expressly provided under the doctrine of Fair Use without the prior written permission of Answers. Trademarks are one of our most valuable business assets. In the event of unauthorized use or misuse of its Trademarks, Answers will pursue its legal remedies without delay.
Electronic Information Submitted to this Answers website.
Please be advised that neither Answers, nor any affiliated persons or entities are in a position to investigate, censor or otherwise ensure the accuracy of any comments, remarks or other information and content posted or generated by users of this website ("Content"), and therefore is not responsible in any way for such Content provided by users or other third parties. To the contrary, many of the users are of unknown identity and have no relationship or privity with Answers. Therefore, Answers expressly disclaims, on behalf of itself and any affiliated persons or entities, any guarantee, warranty, other representations or responsibility with respect to the veracity, geniuses, completeness or lawfulness otherwise of any Content provided on this website. Answers further expressly disclaims, on behalf of itself and any related persons or entities, any guarantee, warranty, other representations or responsibility with respect to such user or third party Content as related to, among other things, intellectual property rights, copyright or trademark infringement, defamation, libel, slander, invasion of privacy or criminal or tortious activities otherwise. Accordingly, Answers does not assume, and expressly disclaims, on behalf of itself and any affiliated persons or entities, any liability of any kind for any alleged direct or consequential injury or damages arising from, or relating to in any way, the Content provided by users or other third parties or their activities otherwise, including, without limitation, any alleged liability under any federal or state criminal or civil laws (including provisions of the Communications Decency Act). Each of this website's users and third parties acknowledge, by usage of this website, that he/she/it is solely responsible and liable for his/her/its Content, and neither Answers nor any affiliated persons or entities is the guarantor or indemnitor of any such party.
You retain all of your ownership rights in the Content that you submit to this website ("Submissions"). However, by submitting Content on the website, you hereby grant Answers a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the website and Answers’ (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the website a non- exclusive license to access your Content through the website, and to use, reproduce, distribute, display and perform such Content permitted through the functionality of the website and under these Terms of Use. The above licenses granted by you in the Content terminate within a commercially reasonable time after you remove or delete your Submissions from the Answers service. You understand and agree, however, that Answers may retain, but not display, distribute, or perform, server copies of Content that have been removed or deleted. The above licenses granted by you in Content are perpetual and irrevocable.
Except on the express written agreement of Answers, any Content or other information submitted to this website by users or other third parties shall be treated as non-confidential, non-proprietary and subject to disclosure and usage for any purpose as Answers deems fit in its absolute sole discretion.
Our use of your Information
Answers protects your personally identifiable data, as well as other information, as set forth in its privacy policy (the "Privacy Policy") located at http://www.resellerratings.com/privacy-policy. The Privacy Policy explains our data collection practices in general, how we use the information we collect, and, specifically, the collection and use of personally identifiable information. We encourage you to review our Privacy Policy before you use the Answers website(s) for ResellerRatings and/or Shopper Ratings. Whenever you express your consent to the Terms and any amendments made to the Terms, you also acknowledge your consent to the Privacy Policy, as modified from time to time.
Review Management
Subject to, and without waiver of, any of the foregoing legal disclaimers and limitations on any liability, Answers, in certain situations outlined below, may at its absolute discretion remove Content provided by users or other third parties to the extent:

  • Answers is presented with a valid court order from a court of competent jurisdiction ordering the removal of the posting;
  • Answers is presented with a valid court order from a court of competent jurisdiction finding that the posting is slanderous, libelous, defamatory or otherwise illegal;
  • Answers is presented with a settlement agreement, resolving a dispute between the poster and any third party(ies) complaining about the posting, mandating that the posting be removed;
  • The posting contains vulgar, profane, or obscene language;
  • The posting contains adult material, including but not limited to, graphic images, written images, or links thereto;
  • The posting is not the type of posting for which the website is intended, namely rating companies that provide products or services;
  • The posting contains the last name of any individual (first names are allowed), or any other personally identifiable information, which is defined as information that can be used to uniquely identify, contact, or locate a single person or can be used with other sources to uniquely identify a single individual ("PII");
  • The posting constitutes multiple copies of the same posting, or more than one review for a single company by a single user;
  • The posting references an order, transaction, or another form of submission by the user, where an intent to do business or to make a purchase did not occur (limited to reviews posted within the previous twelve (12) months);
  • The posting was made by a current employee, former employee, or immediate family member of the company being reviewed;
  • The posting contains written communications between any parties;
  • The posting contains references, such as names or domain names, to any other retailers besides the retailer that is the subject of the posting;
  • The posting was created or altered in exchange for the offer of monetary consideration, whether in the form of goods, services, or monies, or was created or altered in response to threats made by the merchant to the user; or
  • The review was posted more than one (1) calendar year after the transaction that it describes, with the exception of reviews of companies that directly provide product warranties, in which case the cutoff will be one (1) calendar year after the transaction plus one (1) calendar year after the expiration of the product warranty period.
  • The star rating obviously does not match the user provided comments, e.g. a positive user comment accompanied by a negative star rating.

Disclaimer

THE INFORMATION IN THIS WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANSWERS SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, OMISSIONS OR TECHNICAL INACCURACIES IN THIS WEBSITE.

Answers makes no representations about websites accessed from this website which are not maintained, controlled or created by Answers and does not endorse any linked websites or the information appearing thereon. Links do not imply that Answers is affiliated with or associated with such linked websites, their owners or operators, or any related companies.

Answers is constantly improving its products and services and reserves the right to make such improvements or changes to this website, the materials, products, services or prices posted in this website without prior notice as it deems necessary.

Notice of Claims of Intellectual Property Violations and Agent for Notice

It is the policy of Answers to respect the legitimate rights of copyright and other intellectual property owners. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the "DMCA"), Answers has designated an agent (specified below) to receive Notifications of Claimed Copyright Infringement on its sites.

If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide Answers' Copyright Agent with the following information in accordance with the DMCA:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on any of Answers’ sites or services, with enough detail that we may find it on our Website;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Answers' agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Caleb Chill, Esq., Answers General Counsel
6665 Delmar Blvd.
St. Louis, MO 63130
Telephone: 314-664-2010 (Ext. 119)
Facsimile: 314-754-9526
Email: caleb.chill@answers.com

Indemnity

You agree to indemnify, hold harmless, and defend Answers, its subsidiaries, affiliates, or any related companies (including those which share substantially common ownership), and its officers, directors, employees, agents, insurers, and representatives of any of them (collectively the "Release Parties") from any and all claims, demands, actions, causes of action, suits, sums of money, judgments, controversies, and liabilities whatsoever, at law or in equity, arising from or in any way resulting from your use of this website.

Limitations of Liability

NONE OF THE LICENSORS, CONTRIBUTORS, SPONSORS, ADMINISTRATORS, OR ANYONE ELSE CONNECTED WITH THE ANSWERS SERVICES IN ANY WAY WHATSOEVER CAN BE RESPONSIBLE FOR THE APPEARANCE OF ANY INACCURATE INFORMATION OR FOR YOUR USE OF THE INFORMATION CONTAINED IN OR LINKED FROM THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANSWERS, OR OUR LICENSORS, SUPPLIERS AND/OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE ANSWERS SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. NEITHER ANSWERS NOR OUR LICENSORS, SUPPLIERS AND/OR AFFILIATES ARE RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE ANSWERS SERVICES AND/OR ANY MATERIAL LINKED THROUGH THE SERVICES. UNDER NO CIRCUMSTANCES WILL ANSWERS’, OR ANSWERS’ LICENSORS', DIRECT LIABILITY ARISING OUT OF USE OF THE SERVICES EXCEED THE GREATER OF (I) THE AMOUNT YOU HAVE PAID ANSWERS FOR SUCH USE OR (II) $10.00. SOME JURISDICTIONS DO NOT PERMIT SOME OF THE ABOVE LIMITATIONS OF LIABILITY, AND THEREFORE THIS MAY NOT APPLY TO YOU.

No Agency

No agency, partnership, joint venture, employee/employer or franchiser/franchisee relationship shall be deemed to exist, or is intended to exist by this Agreement between Answers and any user or any third party accessing or in any way making use of this Website.

Dispute Resolution

You agree that in the event a dispute arises concerning your use of Answers, or any other program or service offered by Answers, that such dispute shall be resolved via an arbitration process. Unless the parties specifically agree otherwise in writing, such arbitration shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Further, you agree that any such arbitration shall be settled on an individual basis, and unless the parties agree otherwise in writing shall not be consolidated in any arbitration or suit with any claim or controversy of another party. You agree that all arbitration proceedings will be conducted in St. Louis, MO. You further agree that any interim or preliminary relief sought shall be brought in a court of competent jurisdiction in St. Louis, MO.

Choice of Law

You agree that any dispute arising under this Agreement shall be governed by the laws of the state of New York.

No Guarantee of Continuous Use

We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be stopped due to factors outside our control.

Survival

In the event one part of this Agreement is found to be invalid, the other provisions shall remain valid and enforceable.

Webcollage Terms of Use for Non-Purchasers (Shoppers)


The services available at this Answers website are subject to the following terms and conditions as set forth in this notice. By accessing or using the website or downloading materials from the website, you agree to be legally bound by the terms and conditions set forth below without any modification. Please, review them carefully. If you do not agree to the terms, you are not permitted to use this website.

Rights to Content


You grant Answers and its Content displayers a royalty free, worldwide, non-exclusive, sub-licensable license to use, copy, display, distribute, modify, adapt, publish, make derivative works of, publicly perform and publicly display your name, logo, trademarks and service marks (whether registered or not), text, images, videos, audio and multimedia files, Flash objects, and other assets (the “Content”) (in whole or in part) and to incorporate the Content into other works in any format or medium now or later known, on Content displayers’ websites, and on Answers' computer servers, retaining backup, cached and archived copies of the Content and using the Content in any other reasonable manner in connection with providing the Service.
In addition, by publishing Content to the Answers Webcollage service, you grant the subject Content displayer and its affiliates a royalty free, worldwide, non-exclusive license to use all or a portion of the Content in any medium for its business purposes in connection with the promotion and sale of the product(s) referred to in such Content.
Answers may use cookies, clear images and other technological measures to record your requests for and use of Content (“Shopper Use Data”). Shopper Use Data may include, without limitation, Content related to the service’s product Q&A and product review features, subject to our Privacy Policy (https://www.webcollage.net/MainApp/privacy/privacy-policy).
As outlined in our Privacy Policy, Answers may use, collect and analyze data to produce reports and to allow Answers, its customers and affiliates, and service providers operating on their behalf, to provide the service. To learn more about this behavioral advertising practice, you can visit www.networkadvertising.org.
You should refer to individual Content displayer’s notice of privacy practices, where you may consent to such practices and measures and find comprehensive information about cookies and other information stored or accessed on your computer or other device, including information about your options for cookie management.
Requests to remove Content
Answers respects the intellectual property rights of others. Any requests to remove copyright infringing Content from the Service, or requests to repost Content which has been removed, must be made in accordance with the Copyright Policy (https://www.webcollage.net/MainApp/privacy/copyright-policy).
Data retention
At all times, Answers may review, retain and disclose any information and communications as may be deemed necessary to satisfy any applicable law, regulation, legal process or governmental request. However, by doing so Answers does not either expressly or implicitly endorse, affirm or in any manner assume any responsibility for such information and communications.
Privacy
Answers respects your privacy. The Privacy Policy (https://www.webcollage.net/MainApp/privacy/privacy-policy) explains Answers' privacy practices. Answers may modify the Privacy Policy from time to time. We encourage you to review our Privacy Policy before you use the Answers website(s) for Webcollage. Whenever you express your consent to the Terms and any amendments made to the Terms, you also acknowledge your consent to the Privacy Policy, as modified from time to time.
Links to other sites
The Service may contain links to websites and other online sources of third parties (collectively: “Third party Services”). Answers does not operate or monitor Third party Services. You may find them or the information and content available therein incompatible with your requirements, or you may object to their content, or find it to be annoying, improper, unlawful or immoral. By linking to Third party Services, Answers does not endorse or sponsor their content or confirm their accuracy, credibility, authenticity, reliability, validity, integrity, or legality. Answers does not assume any responsibility or liability for the Third party Services.
DISCLAIMER
THE SERVICE IS PROVIDED FOR USE WITH ALL FAULTS, “AS IS” AND “AS AVAILABLE.” ANSWERS DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
ANSWERS DOES NOT WARRANT OR GUARANTEE ANY OUTCOME FROM YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, THE IMPACT OF USING THE SERVICE ON YOUR REVENUE.
Answers does not warrant or guarantee that any Content that a Content Provider wishes to submit for display by the Service, will be submitted or displayed, either temporarily, or indefinitely.
ANSWERS DOES NOT WARRANT THAT THE SERVICE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE SERVICE WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS, OR ERROR, OR THAT THE SERVICE WILL BE IMMUNE FROM UNAUTHORIZED ACCESS, OR THAT TRAFFIC REPORTS WILL BE FREE FROM ERRORS AND INACCURACIES.
LIMITATION OF LIABILITY
ANSWERS, INCLUDING OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS OF ANSWERS DISCLAIM LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR IN CONNECTION WITH ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, ANY FAULT, OR ERROR MADE BY THE ANSWERS STAFF OR ANYONE ACTING ON ANSWERS’ BEHALF, ANY COMMUNICATION WITH ANSWERS, ANY DENIAL, CANCELATION OR REVOCATION OF YOUR USER ACCOUNT, ANY CONSEQUENCES RELATING TO THE USE OF ANY APPLICATION, COMPUTER CODE AND OTHER TECHNOLOGICAL MEANS PROVIDED BY THE SERVICE, OR USED BY ANSWERS TO PROVIDE AND ADMINISTER ANSWERS’ SERVICES, ANY RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT OR PERSONAL DETAILS.
Compliance with Law
You will not use the Service to display, distribute or offer for use unlawful content, or content the publication of which is prohibited under any applicable law, including by court injunctions or restraining orders; You agree to:(1) comply, at your expense, with all statutes, regulations, rules and ordinances of any governmental body, department or agency which apply to or result from your obligations under these Terms; (2) take full account for all acts or omissions associated with your access or use of the Service; (3) comply with all instructions and technical specifications provided by Answers to enable the proper functionality of the Service; and (4) communicate your requests, queries and other submissions with respect to the access or use of the Service, directly and only to Answers.
Indemnification
You agree to indemnify, defend and hold harmless, Answers, its Affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents, at your own expense and immediately after receiving a written notice from Answers, from and against any damages, loss, costs, expenses and payments, including reasonable attorney's fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of the Service, or your breach of the Terms, or your infringement of third parties' rights, including intellectual property rights.
Changes in the Service
From time to time, Answers may change the Service or the layout, design or display of the Service, as well as the scope and availability of the information accessible therein, without giving prior notice. Changes of this type by their very nature may cause inconvenience or even malfunctions at first. Answers does not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom.
Changes to the Terms
Answers may change the Terms, including any and all documents, forms and policies incorporated thereto, from time to time. You agree to be bound by any and all changes made in the Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Service indicates your acceptance of the amended Terms. If you do not agree with the amended Terms, then you must cease any further use of the Service.
Governing Law, Jurisdiction and dispute resolution
Except as provided specifically in the Copyright Policy, the Terms and all documents, forms and policies incorporated thereto, as well as your use of the Service will be governed by and construed in accordance with the laws of the State of New York, U.S.A., without giving effect to any choice of law or conflict of law rules or provisions, whether Federal, or of the State of New York or of any other jurisdiction, which would result in the application of the laws of a jurisdiction other than the State of New York.
You agree to resolve any dispute or claim that you may have against Answers and to submit to personal jurisdiction in the state and federal courts in the city of New York, New York.
Compliance with Export Restrictions
You may not access, download, use or export the materials in violation of United States export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that materials are subject to the United States Export Administration Laws and Regulations and agree that none of the materials or any direct product therefrom is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for any prohibited purpose.
Notices
Answers may contact you and send you notices and messages via e-mail, regular mail, fax messages or through other means, as may be available from time to time.
You may contact Answers by sending an email to info@Answers.com. Your message will be deemed as received only following an actual receipt of the notice by Answers.
General
The Terms constitute the entire agreement between you and Answers with respect to the use of the Service, unless otherwise agreed in writing by you and Answers. No waiver, concession, extension, representation, alteration, addition or derogation from the Terms, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by both parties.
The Terms do not create in any way a partnership, joint venture, employment relationship, franchise, agency or any other similar relationship between Answers and you, and nothing in the Terms will be interpreted or construed as creating or establishing any such relationship. All provisions of the Terms, which by their nature should survive termination, will survive termination, including, without limitation, the intellectual property, disclaimer of warranty, limitation of liability and indemnification sections.
At any time, Answers may transfer ownership, rights in and title to the Service, or any part thereof to any third party.
You may not assign, transfer, delegate, sublicense, or otherwise deal with or dispose of any of your rights or obligations under the Terms, without the prior explicit and written consent of Answers. Any attempted assignment without Answers’ consent is void. The United Nations Convention on Contracts for the International Sale of Goods does not govern the Terms.
The section headings in the Terms are included for convenience only.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision will be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms will continue to remain in full force and effect.

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Privacy Policy

Please read the following.

Privacy Policy Last Updated: Jan 16th, 2013

ResellerRatings.com provides this policy to provide you with information relating to how we collect, use and share information.


When we set out to make ResellerRatings.com the best shopping experience, we didn't want to settle on a generic one size fits all site. We wanted to build a site that speaks to the best deals and safest shopping experience for you. We respect your privacy and we do collect data on how you use our site and services in order to tailor it to your needs.

ResellerRatings.com respects the privacy and security of its users. Our goal is to provide you with a personalized Internet experience that delivers the information, resources, and services that are most relevant and helpful to you. In order to achieve this goal, we sometimes collect information as you interact with our online services to understand what differentiates you from each of our millions of other users.

In order to demonstrate our commitment to your privacy, we have prepared this statement disclosing the privacy practices for the entire ResellerRatings.com site. Additional terms and conditions regarding the collection and use of your information are also provided to you before you register. Here, you will learn what personally identifiable information of yours is collected, how and when we might use your information, how we protect your information, who has access to your information, and how you can correct any inaccuracies in the information.

Information Collected

ResellerRatings.com collects certain information from and about its users in three ways -- directly from the user, from our Web server logs, and with cookies.

  • User-Supplied Information: When you register for ResellerRatings.com, we may ask you for your name, email address, invoice numbers pertaining to online transactions, and some other personal information. The more accurate information you volunteer, the better we are able to customize your ResellerRatings.com experience.
  • Server Log Information: When you visit an Internet Web site, you disclose certain information about yourself, such as your Internet Protocol (IP) address, the time of your visit, and the referring location (e.g., the Site or page that offered a link to a ResellerRatings.com page). ResellerRatings.com, like many other sites, records this basic information about visits to its site.
  • Cookies: In order to offer and provide a customized, personal service, ResellerRatings.com uses cookies administered by an affiliate of ResellerRatings, to store and help track your information as you travel throughout the site. For example, we may use cookies to help remind us who you are and to deliver content and services based upon your account information. In addition, third party advertising networks may issue cookies when serving advertisements.

    Cookies are simply pieces of information that are sent to your browser from a Web server and stored on your computer's hard drive. The use of cookies is relatively standard and you will likely find them used on most other major Web sites. Most browsers are initially set up to accept cookies. If you prefer, you can reset your browser either to notify you when you receive a cookie, or to refuse to accept cookies. You should understand that certain areas of many sites may not function properly if you set your browser to not accept cookies or if you reject a cookie. Merchants signing up for our services should also recognize that by displaying the ResellerRatings seals and/or widgets on their respective Web properties, merchant, on behalf of themselves and their users, authorize ResellerRatings and its affiliates to place cookies on browsers visiting the merchant-operated sites.

    You should remember that whenever you voluntarily disclose personal information online, such as in message boards, through e-mail, discussion groups, or in chat areas, your information can be collected and used by others. Although ResellerRatings.com tries to protect your personal information, ResellerRatings.com cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. You are also solely responsible for maintaining the secrecy of any passwords you set up and/or any account information.

How and When Information is Used

We use information in different ways to give you the best experience.

  • User-supplied information: This information is used for purposes such as personalization and verification.
  • Web Server Logs: This information helps us identify which areas of our site are of interest to our visitors. ResellerRatings.com also collects the Internet Protocol (IP) addresses of its visitors for the purposes of system administration and to report aggregate information to our advertisers.
  • Cookies: We use cookies to let users use our services more easily and to let us keep track of certain statistical information that helps us improve our site and offerings available by our affiliates. Cookies also allow us to save passwords and preferences for you so that you won't have to re-enter them the next time you visit.
  • Your Email Address: We use your email address to send you information about your ResellerRatings.com account, such as your username and password, and confirmations of reviews that you have submitted to the site. From time to time, we may email you to let you know about new site features no more frequently than once per month but generally only a few times per year. Except as described in this Privacy Policy, your email address is never sold or otherwise provided to a 3rd party.
  • Invoice Numbers: When you submit a review of an online merchant to ResellerRatings.com, we ask you to provide an invoice number for your transaction with that merchant as evidence that you did indeed enter into a transaction with that merchant. Merchants have the ability to login to ResellerRatings.com to view invoice numbers submitted to our site by their customers for any given review of that merchant. Therefore any invoice number that you submit to our website is visible to the merchant to whom your review pertains, but not to any other merchants or users of our website.

How We Protect Your Information

The privacy and protection of your personal information is important to us. ResellerRatings.com does not make personally identifiable information available to any third parties without your permission or as otherwise described in this Privacy Policy. Any user statistics that we may provide to prospective advertisers or partners regarding your ResellerRatings.com usage are provided on an anonymous basis only and do not include any personally identifiable information about any individual user.

Your access to some services and content is password protected. We recommend that you do not divulge your password to anyone. ResellerRatings.com will never ask you for your password in an unsolicited phone call or in an unsolicited email. You should not disclose your user name and password to others. In addition, if applicable, you should remember to sign out of your ResellerRatings.com account or service at the end of each session. You may also wish to close your browser window when you have finished your work. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place like a library or Internet cafe.

Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, despite our efforts to protect your personal information, ResellerRatings.com cannot ensure or warrant the security of any information you transmit to us, or to or from our online products or services. You transmit all such information to us at your own risk. However, once we receive your transmission, we make our best effort to ensure its security on our systems.

Our Email Programs

ResellerRatings.com sends the following types of emails to our users:

  1. New user registrations: When you signup for a free account at ResellerRatings.com, either to write a review to participate in our discussion forums, we send you a verification email containing a link. Click the link to verify and activate your account. Once activated, this email is no longer sent to you. You may receive more than one activation email reminder, but an opt-out link is provided at the bottom of these activation emails.
  2. Deal Newsletter: You can choose to receive daily deals newsletters containing product specials found at various retailers. To receive this newsletter, you must opt in by inputting your email address into a form on our homepage. Then, you will receive a verification email to confirm that you want to receive the newsletter. Every newsletter that is sent out also includes an unsubscribe link at the bottom.
  3. Review Alerts: If you are an online retailer, you can signup to be notified by email when reviewers post reviews to our site about your company. You can turn these email alerts on and off in the merchant administration panel that we provide to you.
  4. When you write a review for a merchant listed at ResellerRatings.com, that merchant can post a public response in reply to your review. You will be emailed a copy of the merchant's response. Additionally, the merchant can contact you via our site, to send you an email via a web form. Your email address is not revealed to the merchant. If you wish to opt out of these types of emails, use the unsubscribe link at the bottom of each email.
  5. Exit Survey Reminders: Many Internet retailers participate in our exit survey program, which displays a popup window to the user after the user completes a purchase at the retailer's website. The exit survey window asks the user if they want to write a review of the retailer, and to enter their email address, if so. Then, one week later, we send a reminder email to the user, asking them to complete a review. Only one reminder email is sent, as part of this program, per the user's initial request.

Who Has Access to the Information

Except as described in this Privacy Policy, ResellerRatings.com and its affiliates will not willfully disclose any individually identifiable information that has been collected about users to any third party without first receiving that user's permission, other than to provide its services. Personal information you include as part of your public user profile and other personal information you post on or through the ResellerRatings.com service as part of reviews is made publicly available and so can be accessed by nearly anyone who views your profile or reviews online. This includes your username, the biographical information and photos you include in your profile, and any personal information you may include in your postings of comments and reviews. ResellerRatings.com may disclose personal information when we believe in good faith that the law requires it or to protect the rights or property of ResellerRatings.com. ResellerRatings.com will use its best efforts to contact you if ResellerRatings.com is issued a subpoena or other legal process that requests your identity.

ResellerRatings.com may disclose personal information to affiliates or to third party vendors, consultants, and other service providers who are working on our behalf.

Also, your personal information may be disclosed or transferred to one or more third parties in connection with, or during negotiations of, any merger, sale of company assets, financing, restructuring or acquisition of all or a portion of our business to or by another company. When you are at the ResellerRatings.com site and asked for personal information, you share that information with ResellerRatings.com (or to affiliates and/or vendors providing services on behalf of ResellerRatings.com) alone, unless the service is offered in conjunction with another party. For example, some ResellerRatings.com services are offered in conjunction with another company. In order to provide such co-branded services to you, it is necessary for us to share your personal information with the company offering the co-branded service. If you do not want your data to be shared, you can choose not to allow the transfer of data by not using that particular service. If you choose to share your data with a provider of a co-branded service, you should understand that those providers may have separate privacy and data collection practices. ResellerRatings.com has no control over and accepts no liability for these independent practices. Each provider should more information regarding its privacy and/or use policies.

Third Party Advertising

We use Google and other third-party advertising companies to serve ads when you visit our Web site. These companies may use information about your visits to this and other Web sites in order to provide advertisements on this site, other sites, and other interactive media about goods and services that may be of interest to you. Third party advertising companies may issue cookies when serving advertisements. This Privacy Policy does not apply to, and we are not responsible for, third party cookies or other tracking technologies, and we encourage you to check the privacy policies of these third parties to learn more about their privacy practices. If you would like to obtain an opt-out cookie from Google or other third-party advertising companies, or for more information about targeted advertising in connection with ad networks, please visit www.networkadvertising.org/managing/opt_out.asp. Having an opt-out cookie means that the information collected from your website visits will not be used to target ads to you. You may have to obtain a new opt-out cookie for each browser you use and whenever you reset your cookies.

How to Correct Inaccuracies

If you use another ResellerRatings.com service, we may send you a confirmation e-mail confirming your new account and/or service. The message will be sent to the address that you supplied us and will describe ways for you to change or delete the account information provided. Remember to keep the confirmation e-mail as it will also contain information that will help you in case you run into problems accessing our services. We welcome any questions or comments you have about Resellerratings.com: please direct them to our contact form.

Updates to this Privacy Policy

We may make changes to this Privacy Policy from time to time. If we update this Privacy Policy, we will update the “last updated” date at the top of this Privacy Policy. Any changes to this Privacy Policy are effective upon posting. In the event of any material changes to this Privacy Policy, we will use reasonable efforts to notify you of the change.

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